The Court of Federal Claims' dismissal of plaintiff's takings claim pursuant to RCFC 12(b)(6) is affirmed as the court did not err in holding that the plaintiff failed to allege a legally cognizable property interest for Fifth Amendment purposes in the ability to freely transfer a portfolio of insurance policies, and thus, there was no cognizable property interest that could be taken when the Risk Management Agency rejected the proposed sale to another company in the crop insurance business.
Appeal from: United States Court of Federal Claims
Decided October 1, 2009
Opinion by Schall, Circuit Judge.
For Appellant: Lewis S. Wiener, Sutherland Asbill & Brennan LLP
For Appellee: Michael N. O'Connell, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice.